yourstate.us
W. Va. Code § 19-16A-25

Right of commissioner to enter and inspect; enforcement of article

West Virginia · West Virginia Code Chapter 19 — Agriculture · Status: effective

Get this as JSONEmbed this
Cite this
Citation
W. Va. Code § 19-16A-25, Right of commissioner to enter and inspect; enforcement of article, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2373539
Permanent ID
ys:prov:2373539@1
SHA-256
cba02a6ca207d176c1f938f7b52dae96e0d251a20d9594deb60a333a3d0a8931

The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.

Full text

(a) For the purpose of carrying out the provisions of this article, the commissioner may enter upon any public or private premises, other than a dwelling house and the curtilage thereof, at reasonable times, after reasonable notification to the owner, tenant or agent, in order to: (1) Have access for the purpose of inspecting any equipment subject to this article and such premises on which such equipment is kept or stored; (2) Inspect lands actually or reported to be exposed to pesticides; (3) Inspect storage or disposal areas; (4) Inspect or investigate complaints of injury to humans or land; or (5) Sample pesticides being applied or to be applied. (b) If the commissioner is denied access to any land where such access was sought for the purpose set forth in this article, he or she may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may, upon such application, issue the search warrant for the purposes requested. (c) The commissioner, with or without the aid and advice of the county prosecuting attorney, is charged with the duty of enforcing the requirements of this article and any rules issued hereunder. In the event a county prosecuting attorney refuses to act on behalf of the commissioner, the Attorney General shall so act. (d) The commissioner may bring an action to enjoin the violation or threatened violation of any provisions of this article or any rule made pursuant to this article in a court of competent jurisdiction of the county in which such violation occurs or is about to occur.